A Jewish man in his 40s was arrested earlier this week for a second time in one week when he arrived in Jerusalem’s Old City. Police arrested him last week for reportedly covering his face with his hand and then uttering words of tefilla on Har Habayis.

At the remand hearing, the court ordered distancing him from Har Habayis until Sunday, 17 Menachem Av. When he arrived on Tuesday, 19 Menachem Av, an officer informed him he was not going to be permitted onto Har Habayis, explaining he is banned by a court order. The policeman instructed him to accompany him but he declined, aware the law did not compel him to do so.

Minutes after this, police accused the man of disturbing the peace when he asked to be permitted to daven outside the Har Habayis area. police alleged that despite instructing him to leave the area, escorting him to the Lion’s Gate, he was arrested after telling them “you are cooperating with the Arabs”. He was questioned in the police station and detained overnight. When they arrived in court the next morning, police asked to distance him from the Old City for 60 days as well as putting up a NIS 1,000 bond that would be forfeited if and when he failed to comply.

Police told the court that when the defendant said “you are working for the Arabs” it led to a gathering of Muslims that endangered police and therefore, he was charged with interfering with police, insulting an officer and disturbing the peace.

A Honenu attorney represented the man, insisting there was no justification to compel him to remain in jail overnight. Honenu added there was actually no justification for his arrest for no law was broken.

Justice Moriah Cherka felt there was sufficient probability that he disturbed the peace as he wanted to visit Har Habayis and thereby tried violating the “sensitive status quo”.

The court distanced him from Har Habayis for 21 days without compelling him to put up a cash bond. The court felt that since he did not violate the previous order distancing him, there was no reason to fear he would this time.

It is pointed out that this same man a few months ago won his lawsuit charging police for wrongful arrest pertaining to his visiting Har Habayis.

Gedolei Yisrael over the generations and the Chief Rabbinate of Israel prohibit visiting Har Habayis.

(YWN – Israel Desk, Jerusalem)